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Tex. Transp. Code § 724.042

ISSUES AT HEARING

Applied in 33 court decisions — leading case Texas Department of Public Safety v. Mendoza (1997)

Most recently applied in Texas Department of Public Safety v. Raul Rene Castro (July 2013)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff

How often courts cite this section

199720002010201370
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The issues at a hearing under this subchapter are whether:

(1) reasonable suspicion or probable cause existed to stop or arrest the person;

(2) probable cause existed to believe that the person was:

(A) operating a motor vehicle in a public place while intoxicated; or

(B) operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated;

(3) the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and

(4) the person refused to submit to the taking of a specimen on request of the officer.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.